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PA Bulletin, Doc. No. 05-713


[58 PA. CODE CH. 141]

Big Game Harvest Report Requirement

[35 Pa.B. 2313]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 25, 2005, meeting, proposed the following rulemaking:

   Amend § 141.41 (relating to definitions) to establish a big game harvest report requirement.

   The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   The proposed rulemaking was made public at the January 25, 2005, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 22, 2005.

1.  Purpose and Authority

   The Legislature recently amended section 2323 of the code (relating to tagging and reporting big game kills) by eliminating the statutory language setting forth the lawful methods and manners for reporting big game kills. The intent behind this amendment was to shift the authority to establish lawful methods and manners for reporting big game kills to the Commission to promote and facilitate alternative methods and manners for reporting other than the harvest report card. To reestablish the big game harvest report requirement in the regulations, the Commission must amend § 141.41.

   Section 322(c)(11) of the code (relating to powers and duties of the commission) specifically empowers the commission to ''Collect, classify and preserve such statistics, data and information as in its judgment will tend to promote the object of this title and take charge and keep all reports, books, papers and documents which shall, in the discharge of its duties, come into its possession or under its control.'' Section 2102(a) of the code (relating to regulations) provides that ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat . . .in this Commonwealth.'' The amendment to § 141.41 was proposed under this authority.

2.  Regulatory Requirements

   The proposed rulemaking will establish a big game harvest report requirement in § 141.41.

3.  Persons Affected

   Persons who wish to harvest big game within this Commonwealth will be affected by the proposed rulemaking.

4.  Cost and Paperwork Requirements

   The proposed rulemaking should not result in additional cost or paperwork.

5.  Effective Date

   The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

6.  Contact Person

   For further information regarding the proposed rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

Executive Director

   Fiscal Note: 48-205. No fiscal impact; (8) recommends adoption.

Annex A




Subchapter C. BIG GAME

§ 141.41. General.

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   (b)  It is unlawful to:

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   (5)  Within 10 days of the kill, fail to complete the report card supplied with the hunting license for reporting big game killed and mail the report card to the Commission at Harrisburg or by any other method designated by the Director.

   (6)  Kill deer with a Deer Management Assistance Program (DMAP) permit without reporting in the manner prescribed on the permit.

[Pa.B. Doc. No. 05-713. Filed for public inspection April 15, 2005, 9:00 a.m.]

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